Council Regulation (EU) 2022/2475 of 16 December 2022 amending Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
Council Regulation (EU) 2022/2475of 16 December 2022amending Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of UkraineTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof,Having regard to Council Decision 2014/145/CFSP of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of UkraineOJ L 78, 17.3.2014, p. 16.,Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and the European Commission,Whereas:(1)Council Regulation (EU) No 269/2014Council Regulation (EU) No 269/2014 of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L 78, 17.3.2014, p. 6). gives effect to the restrictive measures provided for in Decision 2014/145/CFSP.(2)On 16 December 2022, the Council adopted Decision (CFSP) 2022/2479Council Decision (CFSP) 2022/2479 of 16 December 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (see page 687 of this Official Journal)., amending Decision 2014/145/CFSP. Decision (CFSP) 2022/2479 introduced a new deadline for the derogation allowing the divestment by a specific listed entity. That new deadline does not retroactively validate divestments not compliant with the necessary requirements under Regulation (EU) No 269/2014, such as unauthorised divestments after the entity was listed. Decision (CFSP) 2022/2479 also extended to two newly listed entities the derogation from the asset freeze and from the prohibition to make funds and economic resources available, in order to allow the termination of operations, contracts, or other agreements, previously concluded with those entities. In order to further address food security concerns in third countries, Decision (CFSP) 2022/2479 introduced a new derogation allowing to unfreeze assets of, and to make funds and economic resources available to, certain individuals who held a significant role in international trade in agricultural and food products, including wheat and fertilisers, prior to their listing. To avoid circumvention, national competent authorities are entrusted with authorising such operations.In doing so, they should act in close cooperation with the Commission, in order to ensure a uniform implementation across the Union. National competent authorities can take inspiration from the United Nations and World Food Programme priorities to tackle food insecurity around the globe. That derogation is without prejudice to other restrictive measures imposed by the Union on Russia and on other countries and to the respective national security concerns of Member States.(3)In order to ensure uniform application of the asset freeze provisions, it is appropriate to clarify that the information exchange between the Member States and the Commission includes information relating to any authorisation granted under the derogations set out in Regulation (EU) No 269/2014.(4)It is also appropriate to clarify that the information gathered by the Member States and subsequently exchanged with the Commission can only be used for the purposes for which it was received or provided. It is also appropriate to clarify that any information provided to or received by the Commission in accordance with Regulation (EU) No 269/2014 must be used by the Commission only for the purposes for which it was provided or received. Moreover, it is appropriate, in order to ensure the uniform application of the asset freeze provisions, to clarify the limits of the use of the information provided to and received by the Member States and the Commission respectively, in different provisions.(5)These amendments fall within the scope of the Treaty and therefore regulatory action at the level of the Union is necessary in order to implement them, in particular with a view to ensuring their uniform application in all Member States.(6)Regulation (EU) No 269/2014 should therefore be amended accordingly,HAS ADOPTED THIS REGULATION: